Litigation & Dispute Resolution Updates

10 September 2024

FanFirm Stands Firm – Competing Trademarks

Litigation & Dispute Resolution Updates

05 September 2024

Terms Unfair? You should care: PayPal sued for unfair contract term

Litigation & Dispute Resolution Updates

21 March 2024

Equitable Estoppel - Is It Set In Stone?

Litigation & Dispute Resolution Updates

13 November 2023

Parasitic costs disputes: Robust decisions from Quinlan CJ and Lundberg J clarify the Court's expectations on costs

Litigation & Dispute Resolution Updates

19 October 2023

Merc v Merc: Mercedes-Benz win will change the way Mercedes are sold in Australia

Litigation & Dispute Resolution Updates

14 August 2023

ASIC strikes again - AMP Superannuation fined $24 million

Litigation & Dispute Resolution Updates

03 August 2023

The Importance Of Maintaining Fiduciary Duties

Litigation & Dispute Resolution Updates

06 July 2023

First lawsuit against ChatGPT: I am offended by what the robot said, your Honour

Litigation & Dispute Resolution Updates

03 July 2023

Defamation and Local Governments

Litigation & Dispute Resolution Updates

25 May 2023

Tasmanian AFL Team’s First Tackle – The Devil Is In The Detail

Litigation & Dispute Resolution Updates

15 May 2023

Let’s Get It On…Or Not: Ed Sheeran successfully defends copyright infringement lawsuit

Litigation & Dispute Resolution Updates

21 April 2023

Warning To Corporations: ASIC Shows No Mercer For Alleged Greenwashing

Litigation & Dispute Resolution Updates

04 April 2023

ESG: Should you care?

Litigation & Dispute Resolution Updates

21 March 2023

The Curse of 'Informal' Contracts

Litigation & Dispute Resolution Updates

07 March 2023

The Pokémon Battle: A Guide to Interlocutory Injunctions

Litigation & Dispute Resolution Updates

02 March 2023

Injurious falsehood

Litigation & Dispute Resolution Updates

20 January 2023

High Court Considers Implied Terms in Copyright Dispute

Litigation & Dispute Resolution Updates

28 September 2022

High Court of Australia Finds That Google Was Not a Publisher

Litigation & Dispute Resolution Updates

09 September 2022

Context Matters - Misleading and Deceptive Conduct

Litigation & Dispute Resolution Updates

17 August 2022

They Never Updated Their Wills; Now What?

Litigation & Dispute Resolution Updates

14 June 2022

Not Fair! Regulator Sues for Unfair Contract Terms

Litigation & Dispute Resolution Updates

17 May 2022

Battle of the Wills - Legally Drafted Wills vs DIY Will Kits

Litigation & Dispute Resolution Updates

05 April 2022

Defamation 101 – What You Need to Know

Litigation & Dispute Resolution Updates

30 March 2022

Time to Pay Up: Retail Shops Leases and the Obligation to Provide Estimates of Operating Expenses

Litigation & Dispute Resolution Updates

10 March 2022

The Force Awakens: The Power Of The Subpoena That Can Withstand Objection

Litigation & Dispute Resolution Updates

03 March 2022

The Chamber of Secrets: Protecting Commercially Sensitive Information in Litigation

Litigation & Dispute Resolution Updates

08 November 2021

Dispute resolution – it’s time to be more innovative

Litigation & Dispute Resolution Updates

04 November 2021

eDiscovery and TAR – Reforming Discovery in Western Australia

Litigation & Dispute Resolution Updates

22 October 2021

Appearance is everything: the perils of apprehended bias

Litigation & Dispute Resolution Updates

18 October 2021

Can’t take it with you – gifting property in your will

Litigation & Dispute Resolution Updates

07 October 2021

Open to Interpretation and Prone to Appeal: What you need to know about Pre-action Discovery Applications

Litigation & Dispute Resolution Updates

23 September 2021

Discovery: Pre-Action Discovery - Go Fish

Litigation & Dispute Resolution Updates

08 September 2021

Discovery: a necessary evil?

Litigation & Dispute Resolution Updates

25 August 2021

Summary judgment and strike out applications – game over before kickoff?

Litigation & Dispute Resolution Updates

27 July 2021

Litigation Update - Lorna Jane

Litigation & Dispute Resolution Updates

01 July 2021

Last year, Lavan reported on a NSW Supreme Court of Appeal decision (HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296) concerning “business interruption” in insurance policies

Litigation & Dispute Resolution Updates

01 July 2021

Business Interruption Insurance and the Lingering Quarantine Act

Litigation & Dispute Resolution Updates

17 June 2021

Australia's largest electricity generator fails to stop Greenpeace from using its logo

Litigation & Dispute Resolution Updates

25 May 2021

Pick your forum wisely - Rethinking your exclusive jurisdiction clause

Litigation & Dispute Resolution Updates

06 May 2021

General v personal financial advice – what are financial service providers obligations?

Litigation & Dispute Resolution Updates

23 April 2021

To Arbitrate, Negotiate or Litigate – How an Arbitration Clause will decide that for you

Litigation & Dispute Resolution Updates

07 April 2021

Resolutions to Dispute Resolution Clauses – Avoiding slow, expensive dispute resolution clauses

Litigation & Dispute Resolution Updates

25 March 2021

To enjoin or not to enjoin?

Litigation & Dispute Resolution Updates

03 March 2021

Trouble in Paradise - Supreme Court grants interlocutory injunction in showdown over 95 hectares on the Ashburton River

Litigation & Dispute Resolution Updates

16 February 2021

Be careful at the checkout – new Guide for issuers and distributors of financial products

Litigation & Dispute Resolution Updates

13 January 2021

Don’t make false promises - they may come back to bite you

Litigation & Dispute Resolution Updates

10 December 2020

Trade marks: Use it or lose it

Litigation & Dispute Resolution Updates

10 December 2020

Court of Appeal delivers judgment in adverse possession stoush in City Beach

Litigation & Dispute Resolution Updates

26 November 2020

Coronavirus and business interruption – bad news for insurers

Litigation & Dispute Resolution Updates

12 November 2020

Interlocutory injunctions: costs in the cause? 

Litigation & Dispute Resolution Updates

27 October 2020

Federal Court decides in ASIC’s favour against Big Star Energy Ltd (formerly Antares Energy Limited)

Litigation & Dispute Resolution Updates

22 October 2020

Social media warning - be careful using emojis

Litigation & Dispute Resolution Updates

14 September 2020

Home cooked: why home-made Wills are a recipe for disaster

Litigation & Dispute Resolution Updates

10 September 2020

Hail Caesar! Caesarstone given “thumbs down” by the Federal Court 

Litigation & Dispute Resolution Updates

01 September 2020

The earthworks, the indebtedness and the caveat

Litigation & Dispute Resolution Updates

17 August 2020

Picking up the tab: defendant ordered to pay costs in estate dispute 

Litigation & Dispute Resolution Updates

09 July 2020

Perfect! Sony Tekken 2 Court By ACCC

Litigation & Dispute Resolution Updates

28 May 2020

The importance of understanding how a charitable trust may use donated funds

Litigation & Dispute Resolution Updates

22 April 2020

Inoculating your organisation against the consequences of COVID-19

Litigation & Dispute Resolution Updates

09 April 2020

Are you sure you have been served?

Litigation & Dispute Resolution Updates

31 March 2020

Is the COVID-19 pandemic frustrating you (and your contractual relationships)?

Litigation & Dispute Resolution Updates

12 March 2020

It’s all Fun(d) and Games

Litigation & Dispute Resolution Updates

11 December 2019

A note to Sole Directors and Shareholders

Litigation & Dispute Resolution Updates

28 November 2019

Caveats – resist applications for extensions with caution

Litigation & Dispute Resolution Updates

19 November 2019

Tear down the wall! Adverse possession

Litigation & Dispute Resolution Updates

14 October 2019

Whistleblowing laws – pay attention or risk paying a $10.5M to $525M price!

Litigation & Dispute Resolution Updates

04 October 2019

Injunctions and defamation

Litigation & Dispute Resolution Updates

13 September 2019

Defamation – can you handle the truth?

Litigation & Dispute Resolution Updates

29 August 2019

Gold rush: subtenant races to court for urgent injunction

Litigation & Dispute Resolution Updates

27 August 2019

Insurers to be covered by the unfair contracts regime

Litigation & Dispute Resolution Updates

15 August 2019

Knowledge, Governance and Insurance – time travel can't save you!

Litigation & Dispute Resolution Updates

25 July 2019

Social Media Post Re-Opens Court Proceedings

Litigation & Dispute Resolution Updates

15 July 2019

In a bind: SAT powerless to authorise BDBNs

Litigation & Dispute Resolution Updates

27 June 2019

Third party comments on your Facebook page – can you be held liable?

Litigation & Dispute Resolution Updates

25 June 2019

Unconscionability and Special Disadvantage

Litigation & Dispute Resolution Updates

13 June 2019

Defamation claims in the strata company and committee landscape

Litigation & Dispute Resolution Updates

31 May 2019

There’s property in a promise - Court of Appeal confirms the decision in Currie v Currie

Litigation & Dispute Resolution Updates

17 May 2019

The importance of engaging the right solicitor: A note from the Supreme Court of Western Australia

Litigation & Dispute Resolution Updates

04 April 2019

Burning Obligations: Contractual rights and responsibilities

Litigation & Dispute Resolution Updates

15 February 2019

Knock Knock: Federal Court Asks Who’s There

Litigation & Dispute Resolution Updates

20 December 2018

Don't bank on the Calderbank

Litigation & Dispute Resolution Updates

20 December 2018

Offers of amends in defamation disputes – not your usual settlement offers

Litigation & Dispute Resolution Updates

30 November 2018

A cautionary tale - settling defamation claims

Litigation & Dispute Resolution Updates

20 November 2018

Federal Court won’t budge on MyBudget Class Action

Litigation & Dispute Resolution Updates

07 November 2018

Phishing and Risk

Litigation & Dispute Resolution Updates

01 November 2018

The decision in Mead v Lemon: A reminder that you must give very careful consideration to your estate planning

Litigation & Dispute Resolution Updates

21 September 2018

Tell your insurer. They won’t pay for you to fight with them about disclosure

Litigation & Dispute Resolution Updates

06 September 2018

Directors Liability in Western Australia – its time to reform

Litigation & Dispute Resolution Updates

06 July 2018

Defaming the person behind the company - a difficult bridge to cross

Litigation & Dispute Resolution Updates

18 May 2018

Equity answers broken promise: proprietary estoppel in Currie v Currie

Litigation & Dispute Resolution Updates

14 March 2018

Do you know what’s coming? Proposed Reforms to the Australian Consumer Law

Litigation & Dispute Resolution Updates

09 January 2018

Newsflash: Privacy (Australian Government Agencies — Governance) APP Code is coming

Litigation & Dispute Resolution Updates

29 November 2017

Publishing confidential information online: Twitter oversteps boundaries

Litigation & Dispute Resolution Updates

16 November 2017

The Australian Competition and Consumer Commission wades into big data, algorithms and data-driven innovation

Litigation & Dispute Resolution Updates

03 November 2017

Don't Get Disqualified: Penalties under the ACL

Litigation & Dispute Resolution Updates

19 October 2017

Misleading conduct and statutory breaches

Litigation & Dispute Resolution Updates

21 September 2017

Emails, texts and binding contractual relations

Litigation & Dispute Resolution Updates

07 September 2017

Trust deeds: Guardian by name or Guardian by nature?

Litigation & Dispute Resolution Updates

21 August 2017

Interpretation of dispute resolution clauses in contracts: should I stay or should I go?

Litigation & Dispute Resolution Updates

16 August 2017

A new era in governance of incorporated associations

Litigation & Dispute Resolution Updates

10 August 2017

New requirements under EU privacy laws

Litigation & Dispute Resolution Updates

19 July 2017

Freezing orders: shutting the door before the horse has bolted

Litigation & Dispute Resolution Updates

29 June 2017

D&O Policy insured defence costs in NSW saved by a New Act

Litigation & Dispute Resolution Updates

20 June 2017

Deal, or no deal? Do you have a binding settlement agreement?

Litigation & Dispute Resolution Updates

31 May 2017

A reminder on the necessity of compliance with dispute resolutions clauses

Litigation & Dispute Resolution Updates

17 May 2017

The gowns, the lease, the landlord and the tenant

Litigation & Dispute Resolution Updates

24 April 2017

Going viral: social media defamation cases on the rise

Litigation & Dispute Resolution Updates

07 April 2017

A win for open justice – suppression orders and freedom of the press

Litigation & Dispute Resolution Updates

20 March 2017

Think before recording: observations on secretly taping private conversations

Litigation & Dispute Resolution Updates

07 March 2017

Making headlines for the wrong reasons

Litigation & Dispute Resolution Updates

03 March 2017

Newsflash: mandatory reporting under the Privacy Act

Litigation & Dispute Resolution Updates

24 February 2017

President Trump’s executive order affects the privacy rights of non US citizens

Litigation & Dispute Resolution Updates

21 February 2017

Broken promises & resulting trusts

Litigation & Dispute Resolution Updates

07 February 2017

Looking for a wingman: price-fixing in ACCC v Flight Centre

Litigation & Dispute Resolution Updates

28 November 2016

Reminder: Unfair Contract Terms Amendments have come into force

Litigation & Dispute Resolution Updates

03 August 2016

Collateral contracts and contractual promises: Clarification from the High Court

Litigation & Dispute Resolution Updates

29 June 2016

How to respond when served with a subpoena: compliance, objection, setting aside, and recovering costs

Litigation & Dispute Resolution Updates

16 October 2015

Contractual Construction – further clarification from the High Court

Litigation & Dispute Resolution Updates

07 May 2015

New “chain of responsibility” laws widen the criminal law liability net for company directors and officers in the transport industry

Litigation & Dispute Resolution Updates

29 January 2015

The Lawyer’s duty – without fear or favour

Litigation & Dispute Resolution Updates

29 May 2014

The new bullying legislation - the first five months

Litigation & Dispute Resolution Updates

14 March 2014

Case¹ Note: Reasonable endeavours – the High Court speaks, 5 March 2014

Litigation & Dispute Resolution Updates

30 January 2014

The power of arbitration clauses

Litigation & Dispute Resolution Updates

07 November 2013

Inadvertent mistake in commercial litigation – a journey of discovery

Litigation & Dispute Resolution Updates

23 October 2013

WA’s shield laws pass their first test

Litigation & Dispute Resolution Updates

29 August 2013

To market, to market: Beba Enterprises Pty Ltd v Elle Pty Ltd [2013] WASAT 120

Litigation & Dispute Resolution Updates

03 July 2013

Your right to silence is fundamental

Litigation & Dispute Resolution Updates

28 June 2013

Casinos, unconscionability and gamblers

Litigation & Dispute Resolution Updates

22 May 2013

Reforms to the Privacy Act

Litigation & Dispute Resolution Updates

07 December 2012

High Court rejects “pressing need” as qualified privilege defence requirement – the South Sydney Rabbitohs defamation case

Litigation & Dispute Resolution Updates

20 November 2012

Defamation case win against Google for "image linking" – the power of the defamation concerns notice

Litigation & Dispute Resolution Updates

11 October 2012

Radio station 2GB dodges a defamation bullet (for now) – a win for the media on qualified privilege

Litigation & Dispute Resolution Updates

30 August 2012

Power to order inspections of plant and equipment

Litigation & Dispute Resolution Updates

13 June 2012

Will internet service providers (ISPs) get caught in the iiNet (decision) for online defamation?

Litigation & Dispute Resolution Updates

10 May 2012

James Hardie: When is an in-house counsel liable as an officer of a company?

Litigation & Dispute Resolution Updates

04 May 2012

Criminal liability – recent prosecutions for offensive material uploaded and disseminated via social media sites

Litigation & Dispute Resolution Updates

03 May 2012

James Hardie High Court decision - the importance of company minutes

Litigation & Dispute Resolution Updates

28 February 2012

Recovery of costs in litigation

Litigation & Dispute Resolution Updates

28 November 2011

Defamation actions - taking the tiger by the tail

Litigation & Dispute Resolution Updates

26 October 2011

Proving the width of publication of online defamation - how wide is the audience on the internet?

Litigation & Dispute Resolution Updates

30 September 2011

Consumer protection takes the stage?

Litigation & Dispute Resolution Updates

02 August 2011

The Centro case and the wider implications to directors’ and officers’ insurance

Litigation & Dispute Resolution Updates

01 July 2011

Exposing the internet mud chuckers

Litigation & Dispute Resolution Updates

24 June 2011

Are You Being Served? What to do if you receive a subpoena to produce documents

Litigation & Dispute Resolution Updates

28 February 2011

New Professional Conduct Rules for Inhouse Counsel

Litigation & Dispute Resolution Updates

30 September 2010

Disorganised litigation

Litigation & Dispute Resolution Updates

27 April 2010

Rectification costs for breach of contract

Litigation & Dispute Resolution Updates

27 November 2009

Don't go breaking our hearts: Federal Court issues Spammers fine of over $15 million Australian Communications and Media Authority v Mobilegate Ltd (No 4) [2009] FCA 1225

Litigation & Dispute Resolution Updates

09 September 2009

Gray Decision now Black and White

Litigation & Dispute Resolution Updates

04 May 2009

The responsibility for continuous disclosure announcements in the light of James Hardie - Australian Securities and Investments Commission and Macdonald (No 11) [2009] NSWSC 287

Litigation & Dispute Resolution Updates

24 April 2009

Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2009] NSWSC 157